Doctrine of Severability - UPSC Notes
The Doctrine of Severability, also known as the Doctrine of Separability, is a crucial concept in Indian law that safeguards fundamental rights enshrined in the Constitution. Here's a breakdown for your UPSC preparation:
Meaning:
- This doctrine ensures that a law isn't struck down entirely if only a part of it violates fundamental rights.
- If a provision contradicts fundamental rights, only that specific provision becomes void, not the entire law.
- The remaining provisions considered independent and constitutional remain enforceable.
Basis:
- Article 13 of the Constitution provides the foundation for this doctrine.
- It states that any existing law inconsistent with fundamental rights shall be void only to the extent of the inconsistency.
Key Points:
- Applicability: The doctrine applies when specific sections of a statute, not the entire law, infringe upon fundamental rights.
- Severability Test: Courts assess if the unconstitutional provision can be separated from the rest of the law.
- A valid provision must be able to function independently without relying on the struck down provision.
Significance:
- Protects the validity of laws with mostly sound provisions.
- Upholds the legislative intent by preserving the enforceable parts of the law.
- Prevents unnecessary invalidation of entire legal frameworks.
Limitations:
- If the unconstitutional and valid parts are intricately interwoven and cannot be segregated, the entire law might be void.
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